Jagveer Singh vs State of U.P. and Others

V.K. Shukla, J.—Learned Standing counsel has accepted notice on behalf of respondent Nos. 1,2,3 and 4.

Issue notice to respondent Nos. 5 and 6.

Each one of the respondent is accorded six weeks time for filing counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

It has been contended on behalf of the petitioner that the institution in question was initially Junior High School and same was upgraded to High School thereafter provisions of U.P. Act No. 2 of 1921 and the Regulations framed therein are fully applicable qua the said institution. Petitioner has stated that the post of Assistant Clerk vacant and thereafter following provisions as contained under Regulation 101 to 107 of Chapter III of U.P. Act No. 2 of 1921 selections proceedings were undertaken and the District Inspector of School also gave approval and thereafter appointment letter had been issued and petitioner claims that thereafter he was performing and discharging his duties and the remuneration was also being paid to him. Petitioner has stated that after 15 years of service and after receiving the remuneration, it appears that under the Right to Information Act, some queries have been made and thereafter show cause notice dated 19th August, 2010 was issued by District Basic Education Officer, Bijnor. Petitioner has stated that adequate reply was submitted and thereafter order has been passed on 22nd September, 2010 wherein appointment of petitioner has been set out at naught and directives have been issued to recover the entire salary which has been paid to him right from the date of his appointment. Petitioner submits that opinion which has been formed by District Basic Education Officer is totally unfounded for the simple reason that once the institution in question have been upgraded from Junior High School to the High School then by no stretch of imagination against class III post selection and appointment is to be made as per provisions as contained under U.P. Recognized Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group D employees) Rules, 1984 (for short Rules, 1984), rather selection and appointment has to be made in the institution as per provisions of U.P. Act No. 2 of 1921, in view of the judgment of this Court in the case of Ajay Pratap Rai Vs. District Basic Education Officer, C/m Kisan Purva Madhyamik Vidyalaya and Sri Krishna Dixit, .

Petitioner submits that in such a situation and in this background opinion formed is prima facie unsustainable. Arguments advanced by petitioner has some substance, and same requires consideration by this Court.

Consequently, till the next date of listing, operation of the impugned order dated 22nd September, 2010 and other consequential orders are kept in abeyance.